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HomeMy WebLinkAbout20042789.tiff RESOLUTION RE: APPROVE ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - ROGER KEATON II WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Temporary Construction Easement for improvements to Weld County Road 47, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works and Roger Keaton II,25565 Weld County Road 47,Greeley,Colorado 80631,commencing September 15, 2004, and ending August 1, 2005, or the completion of said project, whichever is earlier, with further terms and conditions being as stated in said easement, and WHEREAS,after review,the Board deems it advisable to accept said easement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,ex-officio Board of Social Services,that the Temporary Construction Easement for improvements to Weld County Road 47, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Roger Keaton II be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 20th day of September,A.D., 2004, nunc pro tunc September 15, 2004. BOARD OF COUNTY COMMISSIONERS �� / WELD COUNTY, COLORADO �1(�' 1861t Aedia ,4 \l, i tp Robert D. Masden, Chair -P. ,,�- . �' Clerk to the B andwi A J William p r o -r e m Deputy Clerk to the Board 2/1 M. J. n APP AS RM: cM\X► David E. Long ourg(ney EXCUSED Glenn Vaad �Date of signature: 0y/ 2004-2789 EG0050 ('0 : SW, et, '9-7O,.oL /D-01-04 Kit-t ‘H"-Hs , MEMORANDUM CTO: Clerk to the Board DATE: September 10, 2004 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Temporary Construction Easement with Roger C. Keaton II at 25565 WCR 47 for Improvements to WCR 47. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc ) 2004-2789 of TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Roger C. Keaton II, whose address is 25565 Weld County road 47, Greeley, Colorado 80631, Grantor and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10`h Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for extra grading and shaping of the roadway ditch during the construction of improvements to Weld County Road#47, in and to, over, under and across the following described land: The West 10.00 feet of the East 40.00 feet of Lot A, Recorded Exemption 0961-26-1-RE- 1686 as recorded in the office of the Clerk and Recorder, Weld County, Colorado and located in the Southeast One-Quarter of Section 26, Township 5 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on September 15, 2004, and shall expire and be of no further force or effect on August 1, 2005 or the completion of the project, whichever is earlier. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Grantee will reimburse the Gantor the sum of Five Thousand Two Hundred Fifty and no/100 ($5250.00) dollars for the removal and replacement of the existing fence that is presently located along the westerly side of Weld County road 47. - 1 - 1111111 VIII VIII 111111 VIII 111111 VIII III 11111 IIII IIII 3223098 09/29/2004 11:38A Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ae9ey-aYe% This reimbursement is based on the attached Exhibit "A"proposal. The replacement fence shall be relocated along the west right-of-way line of Weld County road 47 and will be constructed when road construction is completed. If necessary, Grantee will construct a temporary fence along the Easement line during construction and will remove the temporary fence when road construction is completed. 6. Grantor shall grant Grantee access onto the property to regrade, reshape and rebuild the existing driveway(s) as necessary and to the satisfaction of the Grantor. 7. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100 ($350.00) dollars for the execution of this Temporary Construction Easement. IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. 20 7 &. KenOwnerr -- "` ��� [ ,�//D ,fast/ 6�'��� ` 7.1.6.-4° TAX ID NUMBER: 7 52 /- 98-8a'5' STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this '/ day of , 20D`1, by Roger C. Keaton, II, Owner. Witness my hand and official seal. L/ti l ppaaaa,rs.oarensplOt�a ep `11 , C 4 LEON W SIEVERS °y My commission expires: NOTARY PUBLIC $ I STATE OF COLORADO f 111111111111111111111111111111111111111III 11111 IIII IIII 2 3223098 09/29/2004 11:38A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: geil ` COUNTY OF WELD, STATE OF E4 COLORADO, G TEE SEP 2 0 2004 Deputy Clerk to the Board ( 861 ' = Robert D. asden, Chairman, Board of County Commissioners. �ximv\c 11111111111111111111111111111111111111111111111111 3223098 09/29/2004 11:38A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 3 - .i?a- '-c0` 7?. PROPOSAL MENDEZ FENCING INC. EXHIBIT A P.O.BOX 683 PLATTEVILLE, CO 80651 PHONE(970)785-0374 FAX (970)785-0374 PROPOSAL SUBMITTED DATE BID DATE CONTACT PERSON Roger Keaton 8/16/04 Santos Mendez STREET JOB NAME 25565 Rd 47 A- 25565 A CITY.STATE.ZIP JOB LOCATION QO Ogen, WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: DESCRIPTION I QUNTTIY UN (UNIT PRICE AMOUNT 2 3/8 TOP RAIL INSTALLED 350 FT $13.00 $4,550.00 WITH 2 SUCKER RODS IN BETWEEN REMOVE PIPES 350 FT $2.00 $700.00 _TOTAL $5,250.00 ADD I'G%FOR BOND IF REQUIRED. CONTRACTOR NAMED AS"ADDITIONAL INSURED"AT 200.00 PER EACH ADDITION PAYMENT TERMS:UPON COMPLETION OF WORK All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration of deviation Authorized from above specifications involving extra cost will be executed only upon written orders,and Signature will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado, Santos Mendez and other necessary insurance. Our workers are fully covered by General Alberto Mendez Liability and Workmens Compensation Insurance. • LNote: This proposal may be withdrawn by us if not accepted within_10 days. Acceptance of Proposal The above prices,specifications and conditions are satisfactory Signature and are herby accepted. You are authorized to do the work as specified. Payment to be made as outlined above. Signature Date of Acceptance: 11111111111111111111111 ILIA MILLI MILL III MILL IIII IIII 3223098 09/29/2004 11:38A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello